UAH Athletics

Interim UAH NIL Policy

Beginning July 1, 2021, student-athletes are permitted to earn compensation for their name, image or likeness. Below is helpful information for student athletes, supporters of UAH Athletics and employees of The University of Alabama in Huntsville relative to the Alabama State Law and name, image, likeness.

Information for Student-Athletes

• Employees of The University of Alabama in Huntsville may not compensate or arrange any compensation deals to a current or prospective student athlete for his or her name, image or likeness.
• Compensation will be commensurate with the market value.
• It is not permissible for compensation to be provided in exchange for athletic performance or attendance at The University of Alabama in Huntsville.
• Compensation can come in the form of money, goods or services.
• Contracts for compensation cannot extend beyond participation as a student athlete at The University of Alabama in Huntsville.
• Opportunities must not conflict with academic nor team-related activities.
• Use of any registered marks, logos, verbiage or designs owned and protected by The University of Alabama in Huntsville is not permitted unless receiving prior written permission.
• Student athletes must utilize JumpForward to disclose agreements/contracts.
• Student athletes are permitted to obtain professional representation to assist with securing opportunities for compensation. Representation must be for name, image, likeness only and not for future professional contract negotiations.

FAQs for UAH Athletics Supporters and University of Alabama in Huntsville Employees

May a booster or fan enter into an agreement with a University of Alabama in Huntsville ("UAH") student athlete ("SA") for the use of the SA's name, image, or likeness ("NIL") in exchange for money, goods or services?
Yes, subject to the restrictions imposed by Alabama law (PDF). Before entering such a contract, the SA is required to disclose any proposed contract for use of their NIL to UAH. It is possible, and likely, that federal laws and NCAA legislation will ultimately provide a nationwide, uniform approach to NIL governance, at which point restrictions on these agreements are subject to change.
May UAH employees assist me with arranging for student-athletes to utilize their NIL for compensation with my business, etc.?
No. UAH employees may not arrange for our SAs to participate in NIL contracts or activities; however, we may forward information about legitimate NIL-opportunities to woltjenj@uah.edu. The information will be routed by compliance to the student athletes for their consideration. Alabama NIL law otherwise precludes the institution from providing NIL compensation, and Alabama law generally prohibits the use of state resources for private gain.
May an SA receive NIL-compensation based on the SA's athletic performance at UAH?
No.
May a booster or fan compensate an SA for the SA's NIL when the SA is engaged in official team activities?
No. For example, if a SA is at a fan event that has been organized by UAH, or at an away-from-home competition, you may not compensate the SA for the SA's autograph or photo because the SA is engaged in official team activities. If the SA is participating in an activity that was organized by UAH, then it is an official team activity.
How long may an SA's NIL-related contract last?
The duration of the SA's NIL contract may not extend beyond the SA's participation in the UAH intercollegiate athletics program.
Are there limitations on the compensation or opportunities that can be provided to a SA for use of their NIL?
Yes. Compensation for NIL use shall be commensurate with the market value. Additionally, SAs are not permitted to enter into an endorsement contract, or otherwise receive compensation, from any of the following categories or brands:
·       A tobacco company or brand, including alternative nicotine products
·       Any alcoholic beverage company or brand
·       Any seller or distributor of a controlled substance, including but not limited to, marijuana
·       Any adult entertainment business
·       Any casino or entities that sponsor or promote gambling activities
Additionally, UAH may prohibit an SA from receiving compensation for use of their NIL from entities or individuals that, in the reasonable and good faith judgment of UAH, negatively impacts or reflects adversely on UAH.
Other examples of prohibited compensation for SA NIL activity include:
·       Where the SA is not a US citizen and the SA's visa generally prohibits employment
·       In exchange for property owned by UAH (e.g., current jersey or equipment)
·       Where UAH determines that a term of a contract for NIL compensation conflicts with a term of a contract held by UAH
Can UAH's marks, logos or other intellectual property be used in a proposed NIL-contract with a UAH SA (e.g., SA filming endorsement ad while wearing UAH hat or jersey)?
No. Alabama state law prohibits SAs from receiving compensation for use of their NIL in a way that also uses any registered or licensed marks, logos, verbiage, or designs of UAH without prior written consent.
May a booster, fan or UAH employee provide NIL-compensation to a prospective student-athlete ("PSA")?
No. Alabama law prevents the use of compensation for NIL as an inducement to attend or enroll in or continue attending a specific postsecondary institution. Generally, PSAs participate in competition governed by state athletics associations that have amateurism rules which prohibit a PSA from using his/her NIL for compensation.
May a contract for NIL compensation stipulate that an SA must compete for, or attend, UAH (or any other NCAA member school)?
No.
If you have specific questions, please contact us at woltjenj@uah.edu.